Research On The Litigation Property Preservation Liability Insurance Syste

Litigation property preservation liability insurance is the introduction of insurance as a guarantee method in the litigation preservation procedure.It is a brand-new insurance product.Compared with traditional guarantee methods,litigation property preservation liability insurance has lower cost,higher efficiency and better realization.The requirements of the litigation preservation system for the guarantee function.At the same time,the insurer actively cooperates with the court,which reflects the characteristics of the cooperation between public and private rights,making the lawsuit property preservation liability insurance products have a certain degree of public law effect.In the future,litigation property preservation liability insurance in my country will continue to expand and compete fiercerly with traditional guarantee methods.It is very likely that it will eventually gradually replace traditional guarantee methods and become the main method of property preservation guarantee.In this situation,it is of great practical significance to study the new type of guarantee method of litigation property preservation liability insurance.In view of the above background,the author’s writing ideas are as follows:The first chapter is an overview of the liability insurance for property preservation in litigation.This chapter comprehensively expounds the pros and cons of the extension of the guarantee system as a tool attribute and the pros and cons of helping to solve the difficulty of implementation.The second chapter is the investigation of the status quo of litigation property preservation liability insurance.The first is the operation of the "dual-channel" review mode of guarantee policies in practice,the second is the dual structure of actors and responsible persons,and the third is the "irrevocable" guarantee liability in the liability insurance,which will be discussed accordingly.The third chapter is about the problems in the liability insurance for property preservation in litigation.First,malicious litigation is prone to occur,second,guarantee liability is transferred,third is prone to "long-tail risk",and fourth is prone to infringement of the interests of persons outside the case.The fourth chapter is to analyze the problems existing in litigation property preservation liability insurance.The author analyzes it in detail from the aspects of unclear judicial determination standards for malicious litigation,lack of corresponding regulations on the party’s right to dispose of it,unscientific formulation of the insurance period,which affects the risk control ability of the insurer,and violation of the formal review of the preservation object.The problems existing in the liability insurance of litigation property preservation in our country at the present stage.The fifth chapter is to put forward the perfect countermeasures for property preservation liability insurance in litigation.This chapter mainly proposes countermeasures and suggestions on the problems and reasons raised in Chapters 3and 4.From the market level,the author proposes to give full play to the market mechanism to improve litigation property preservation liability insurance,from the legislative level,proposes to regulate the legal nature of litigation property preservation liability insurance,from the perspective of At the judicial level,it is proposed to build binding judicial review rules,and from the level of supporting mechanisms,it is proposed that a counter-guarantee mechanism should be introduced in four cases,in order to provide a reference for the further development of litigation property preservation liability insurance in my country.